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Terms & Conditions

(Last updated on : 09/09/2021)

 

EV Ultimo and its affiliates, subsidiaries & associate companies (hereinafter referred individually and/ or collectively to as "EV Ultimo" or "We" or "Us" or "Our") welcome you at EVUltimo.com for doing your news search, price discovery/valuation, and purchase of EVs), and access to certain financial products, including but not restricted to, EMIs, insurance & other financial products as offered by third parties, posting advertisements, etc and other services in automobile segment.

 

THESE WEBSITE TERMS OF USE ("Terms Of Use") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 

This Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website (defined below).

 

These Terms of Use of the website available at www.evultimo.com, mobile site and mobile applications (individually and collectively, "Website") is between EV Ultimo and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which EV Ultimo offers You access to the Website for availing services and buy products, as are incidental and ancillary thereto ("Services", and more particularly defined hereinafter).

 

1) Acknowledgment:

Entire Agreement: These Terms of Use together with below-listed documents/policies (without limitation) available either at Website or entered separately by EV Ultimo with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Website, constitutes the entire agreement ("Agreement") between EV Ultimo and You.

 

Privacy Policy

Additional Terms and Conditions

Terms of Sale

These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple’s iTunes, Android’s etc. are deemed to be incorporated under these Terms of Use by way of reference.

 

You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

 

EV Ultimo use third-party service providers to assist EV Ultimo in improving our Services and Website and to monitor our Users’ interests and activities. You hereby authorise EV Ultimo and/or third party service providers engaged by EV Ultimo to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to Your use of the Website for the purpose of data analysis and for improving Your experience on the Website. You acknowledge that this is solely undertaken by EV Ultimo to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of EV Ultimo and/or third party service providers.

 

EV Ultimo shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.

 

2) Eligibility:

Service available through or use of the Website is available only to persons of majority (18 years of age or more) and who can legally component to form a contract under the Indian Contract Act, 1872 (as amended from time to time), or any other act or enactments to which the person is subject.

 

Persons who are incompetent, to make a legal and valid contract, for any reason whatsoever (minor, lunatic, insane, undischarged insolvent or otherwise) are not eligible to use Our Website and avail Our Services. BY ACCESSING OUR WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE EV ULTIMO THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE.

 

Further to this, EV Ultimo reserves its right, without assigning any reason, to restrict or limit Your access to the Website and can further terminate Your access to Website and deny the Services or any other product available through or at Our Website. This right of suspension / termination of Services of EV Ultimo, is in addition to any other remedy available to EV Ultimo, for access & usage of Website or availing any of Our Services through Website, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.

 

3) Important:

This Website, including mobile application, is an online marketplace and an Intermediary in terms of Information Technology Act, 2000 (as amended from time to time), which provides a platform to users to avail the Services. Any information provided either through or at Website is only for information purpose and such information does not substitute any specific advice whether investment, legal, taxation or otherwise and are not intended to provide You with any nature of certification, guarantee or warranty. EV Ultimo is not responsible and can not be held liable for any transaction between the Website’s User.

 

By accessing, browsing and using this Website or availing Services, You agree and acknowledge that, You understand this limited and restricted use and accessing, browsing or using this Website or availing any Services is out of your own free will, discretion and responsibility.

 

EV Ultimo reserves its right to modify, suspend, cancel or discontinue any or all sections, or Services at any time without any notice. EV Ultimo reserves the right to make modifications and alterations in the information contained on the Website without notice. You agree that EV Ultimo shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

 

You expressly agree that any information provided on the Website shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Website.

 

From time to time EV Ultimo may supplement its Terms of Use with additional terms pertaining to specific content and Your usage of mobile app may further require you to abide by the additional terms of third party e.g. Play Store etc. before download and installing the mobile app. These terms are collectively referred as ("Additional Terms"). Such Additional Terms are hereby incorporated by reference into these Terms of Use.

 

4) Services:

EV Ultimo provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by EV Ultimo and who wants to explore the more options before concluding their transactions. Among other services and information, EV Ultimo may provide any or all the below listed services to the Users:

I. Website may provide the information on new cars or upcoming cars including without limitation price, specifications, dealer locations etc.

II. EV Ultimo will provide services to research cars, prices, technical specifications, other car attributes, and warranty and road side assistance.

III. The services can include listing of your used cars, online or browsing through the list of used cars listed by Users of EV Ultimo. Services can further include the facility to advertise / exhibit / make available for sell various products including without limitation auto products, accessories, services to other Users of the Website. EV Ultimo makes no claims that the any such information / data as available is accurate or applicability of the information to any specific situation.

IV. EV Ultimo may also provide the user the ability to send SMS to the user's top callers or send an email to the users friends letting them know about the service.

V. Website may provide certain Features, Content ("Features" and "Content" are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.

VI. Website may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.

VII. Website may also provide information on additional products of third party e.g. banks, financial institutions, insurance company, dealers etc. pertaining to loan, insurance, and other services ancillary and incidental thereto.


All the above listed services are provided at the sole discretion of EVUltimo, and You acknowledge and agree that EV Ultimo can add or provide additional services not listed above, or can remove/suspend/cancel any or all services/products, listed above without any notice or liability.

 

5) Features And Content:

“Contents" or "Content" shall mean any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which may be viewed or downloaded on or through this Website. Contents shall also include any e-mail, messages, e-cards or any other information furnished by a user to be displayed on the Website by EV Ultimo.

 

"Feature" or "Features": A "Feature" may include any interactive, value addition service or other additional feature including without limitation comparison, 360 degree view etc. which are introduced or available on the Website.

 

EV Ultimo may allow the User of Website to upload or post certain content, data or information, message, files, photographs, pictures, articles, feedback or any other material of combination thereof (collectively referred to "User Content") accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and Your use of them is subject to both the terms of this Agreement and to the policies of their third-party providers. This Feature is available to You as a matter of convenience only and to express Your views on products / services available through or at Website.

 

Being the originator of the User Content, You are solely responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge and agree that of the User Content posted or transmitted through our Website represents the views of the author, and not of Evultimo.com. You also acknowledge that your use of or reliance on such content is at your own risk.

 

You acknowledge that EV Ultimo not endorse any User Content on the Website and is not responsible or liable for any User Content. In case the User Content is in violates/infringes any patent, trademark, trade secret, copyright or any other proprietary or privacy rights of any third party or in contravention of any applicable law, then EV Ultimo at its sole discretion may remove or disable the access to the User Content or any part thereof, without any notice to User.

 

Assignment of User Content: You hereby grant EV Ultimo a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.

 

6) Your Account And Login Options:

User may access to the Website or other information and material as available on the Website, as a guest user, without any requirement of registration. User can do research and compare the products available on the Website as per their convenience. Certain features and information available on Website for all users (called ‘guest user’) who do not need to register or create any account on Website. However services to Guest User are limited in the sense that not all the features or functionality are available until the User is registered/create account on Website or provide certain personally identifiable information.

 

To avail the certain features, not available for Guest User, You need to register / create an account by providing certain details e.g. Your name, contact details, email id etc. ("Your Information"). Once You register with Website and provide Your Information and complete the process of registration, EV Ultimo set up an account by providing login id and password ("Your Account") which is unique to You. Subject to Your compliance with account creation guidelines and any other applicable law, rule, EV Ultimo recognize You as a registered user (Registered User) and You can login into Your Account and avail the Services and access to other features and information not available to guest users.

 

If You use or access Our Website or avail any Services through or at Website as a Registered User, You acknowledge and agree that You shall be solely responsible for maintaining the confidentiality and shall not disclose the details of Your Account to any other person and that any activity occurred under Your Account shall be Your responsibility.

 

You agree that when You provided Your Information while registering/creating Your Account with Us, You shall not provide any information which untrue, false, inaccurate or not current and shall not use the details of any other person, or another user’s account. EV Ultimo may suspend/delete Your Account or can limit/deny the access to the Website or Services, any time, if Your Information is found to be untrue, false, inaccurate, not current or pertains to another user’s account.

 

You agree that collection, storage, sharing or disclosure of Your Information that You provide to Us either as a guest user or Registered User or otherwise shall be governed by the Privacy Policy of EV Ultimo, incorporated herein by way of reference.

 

7) User’s Obligation:

Subject to the compliance with all applicable laws, rules and terms and conditions of this Agreement, EV Ultimo grants the User a limited, non-exclusive, non-sub-licensable, non-transferable, revocable and limited permission to access and use the Website and avail the Services provided through or at the Website.

 

You acknowledge, agree and undertake that the Your use of the Website shall be strictly governed by this Agreement (including Term of Use) and the following binding principles:

 

You shall not use or access the Website or avail the Services by any means other than through the interface that are provided by EV Ultimo.

When You use the Website or Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content or User Content that:

I. belongs to another person and to which the User does not have any right to;

II. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

III. harms minors in any way;

IV. infringes any patent, trademark, copyright or other proprietary rights;

V. violate any applicable laws or regulations for the time being in force within or outside India;

VI. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

VII. impersonate another person or entity;

VIII. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

IX. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

X. is misleading in any way or shall not , directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

XI. engage in any activity that interferes with or disrupts access to the Website or the Services available through or at the Website and shall not attempt or involve in the transmission of “junk/phishing mail”, “chain emails / letters”, “spamming” or “unsolicited mass mailing”.

XII. attempt to gain unauthorized access to any other user’s account, Website any portion or Feature of the Website, any other systems or networks connected to the Website, or any computer resource / servers, of EV Ultimo connected with the Website to provide the Services. You shall not access the Website, Features or any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means or access or copy any Content or User Content on the Website including any derivates thereof through manual and/or automated means including but not limited to page scraping, data mining, data gathering, indexing, using software, devices, bots, crawlers, spiders, scripts, deep links, browser plug-ins or breach/disregard/violate any limitations/instructions in robot.txt file if any embedded in Website or URLs;

XIII. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor disrupt, interfere, breach the security or authentication measures on the Website or any network connected to the Website or cause any harm to the Website, system resources, servers of EV Ultimo connected to or accessible through the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of EV Ultimo, including any other Account on the Website not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

XIV. use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of EV Ultimo or other third parties. You shall not attempt to solicit any information and/or content available on the Website including but not limited to the personal information of other Users for any commercial purposes;

XV. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

XVI. violate any code of conduct or other guidelines, terms of this Agreement which may be applicable for or to any particular Service;

XVII. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name, trade name, or domain name used by Us or otherwise engage in any conduct or activity that might spoil the image or reputation of EV Ultimo or buyers/sellers on Website or otherwise.


8) Audit:

EV Ultimo at all times reserves its right, but not an obligation, to audit the Content, User Content, Features available on Website, or any other material or information posted/uploaded by the User. If at any time, in sole discretion of EV Ultimo, EV Ultimo determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then EV Ultimo may either remove or edit or block such material without any notice.

 

Though EV Ultimo does not pre-screen the User Content, yet that EV Ultimo and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.

 

Notwithstanding the above-said right, You acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not EV Ultimo, are entirely responsible for all User Content that you have provided EV Ultimo with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledges and agree that these User Content does not necessarily reflect the views of the EV Ultimo nor EV Ultimo endorse any such User Content.

 

Further to this it is informed that EV Ultimo may share the information pertaining to such instance (with or without demand) with Government agency for the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.